CONDITIONS OF USE: Welcome to Smooth USA.com. Smooth Sportswear LLC and/or its affiliates ("Smooth USA") provide website features to you subject to the following conditions. If you visit or shop at Smooth USA.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Smooth USA service or business (e.g., Your Profile, Gift Cards etc) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
COPYRIGHT: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Smooth USA or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Smooth USA and protected by U.S. and international copyright laws. All software used on this site is the property of Smooth USA or its software suppliers and protected by United States and international copyright laws.
ELECTRONIC COMMUNICATIONS: When you visit Smooth USA.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND SITE ACCESS: Smooth USA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the this site. This license does not include any resale or commercial; any collection and use of any product listings, descriptions, or prices; any derivative use of any of its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by SmoothUSA. No part of any portion of this site, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SmoothUSA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SmoothUSA without express written consent. You may not use any meta tags or any other "hidden text" utilizing SmoothUSA’s name or trademarks without the express written consent of SmoothUSA. You may use the SmoothUSA site only as permitted by law. The licenses granted by SmoothUSA terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Smooth USA does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Smooth USA.com only with involvement of a parent or guardian. Smooth USA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT: Visitors may post reviews, comments, and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Smooth USA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Smooth USA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Smooth USA and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Smooth USA for all claims resulting from content you supply. Smooth USA has the right but not the obligation to monitor and edit or remove any activity or content. Smooth USA takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS: All items purchased from Smooth USA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS: Smooth USA attempts to be as accurate as possible. However, Smooth USA does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Smooth USA itself is not as described, your sole remedy is to return it in unused condition.
PRICING: Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by Smooth USA, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Smooth USA. Your purchases from third-party sellers are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.
SITE POLICIES, MODIFICATION, AND SEVERABILITY: Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Smooth USA.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Smooth Sportswear LLC
145 Saw Mill River Road
Yonkers, NY 10701